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Terms and Conditions


§ 1 Scope of application

Business transactions with our customers are based on these General Terms and Conditions; conflicting or deviating conditions are not binding for us, even if we have not expressly objected to them or carried out the delivery without complaint. At the latest with the acceptance of the goods or service, our General Terms and Conditions shall be deemed to have been agreed.  

§ 2 Conclusion of contract

Our offers are subject to confirmation; an order shall only be deemed accepted if we have confirmed it in writing or if the order has been executed without confirmation. Information is always non-binding. 

§ 3 Prices

1. Our prices are net prices. They are quoted ex works or at the shipping station specified by us (excluding packaging and shipping costs) plus value added tax applicable on the day of delivery. The price to be charged is the price valid on the day of delivery according to our price list. Fixed prices require express written agreement. 

2. We reserve the right to adjust the prices agreed in delivery contracts to the corresponding amount after delivery or upon invoicing in the event of price changes on the world markets for precious metals arising between the time a customer order is placed and the agreed delivery date. 

3. In deviation from this, fixed prices for the precious metal shares shall only apply in the event of immediate advance payment of the agreed partial order sum. 

§ 4 Scope of deliveries and services

We expressly reserve the right to make changes to the choice of materials or production, as long as the price and/or the essential functions and/or the delivery time are not changed. 

§ 5 Delivery periods

1. the buyer can not assert claims for damages because of late or omitted delivery against us. The customer is obliged to provide all data, documents and other specifications required for the execution of the contract with the order, but at the latest immediately after the order. 

2. In the event of unforeseen, extraordinary and unavoidable events, in particular strike and delayed self-delivery, the delivery period shall be extended appropriately by the duration of the hindrance plus a reasonable grace period or start-up period; or we shall have the right to withdraw from the part of the contract not yet fulfilled. 

3. The delivery period shall be deemed to have been met if the goods leave the specified dispatch station at the agreed time or the customer is notified that the goods are ready for dispatch, but the goods cannot be dispatched on time through no fault of our own. The same applies to delivery dates. 

§ 6 Transfer of risk, dispatch, packaging

1. the risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other carrier, but at the latest when the goods leave our premises. This also applies to deliveries free domicile or free construction site. The goods shall only be insured against transport damage - even in the case of partial deliveries - at the express written request and expense of the customer. If dispatch is delayed for reasons for which the customer is responsible, the customer shall bear the risk of accidental loss or accidental deterioration of the goods after a request for acceptance, from receipt of the request for acceptance. 

2. shipment shall be at the expense and risk of the customer; unless shipping instructions are given by the customer, we shall choose the means of transport and the route at our discretion. The costs of packaging shall be charged at cost price. The packaging itself will not be taken back unless otherwise agreed. 

3. The customer is obliged, insofar as we are responsible for transport damage, to notify us in writing of the transport damage immediately upon receipt of the consignment. 

§ 7 Acceptance

1. we reserve the right to make excess or short deliveries to a maximum extent of 5 % and to agree packaging units as well as partial deliveries.  

2. The customer shall also be in default of acceptance if we merely offer him the delivery in writing. § 294 BGB is therefore waived. The further legal prerequisites for default of acceptance shall remain unaffected. In the event of default in acceptance, we may withdraw from the contract and/or claim damages. 

3. In the case of delivery on call, the call within the agreed period represents a main obligation to perform, due to which non-observance we are entitled to withdraw from the contract and/or claim damages. 

§ 8 Reservation of title, ownership by way of security

1. All goods ever delivered by us shall remain our property until complete and final payment of all our claims arising from the business relationship.

2. We shall be entitled to assert our rights arising from the retention of title - in particular the repossession of the goods delivered under retention of title - without prior withdrawal from the respective purchase contract. Loans or pledges of our property are not permitted. In the event of foreclosures, our goods shall be marked as our property and segregated. We are to be informed immediately of such measures. The purchaser is entitled to sell the goods in the ordinary course of business as long as he is not in default or in payment difficulties. If the customer sells the goods subject to our retention of title, the claims arising from the sale shall be assigned to us now without the need for express confirmation in the event of the sale. 

3. Until the final and complete payment of the goods, we have the right to enter the premises of the customer and to take the goods back. As long as the delivered goods are the property of the seller, the goods shall be processed on behalf of the seller in which a new movable item is manufactured without obliging the seller in any way.

4. Through this processing by the customer, the seller acquires a co-ownership share in the new item. The amount of the co-ownership share shall be determined according to the ratio of the value of the goods subject to retention of title brought into the new item and the value of the items brought in by the customer or third parties at the time of bringing in or processing. The value added by the treatment or processing shall not be accessed; the customer shall be entitled to this. 

5. The customer's expectant right to acquire ownership of the goods delivered by the seller shall continue in the aforementioned co-ownership share of the seller in the new item. The customer is entitled to dispose of the seller's co-ownership thus created in accordance with the above provision. In the case of the combination or mixing (§§947, 984 BGB) of movable goods, the Seller shall acquire a co-ownership share in the objects or groups of objects resulting from the combination or mixing in accordance with these statutory provisions as long as the Customer has not yet settled all his liabilities to the Seller. 

6. With regard to the customer's expectant right, the above shall apply accordingly. 

§ 9 Payment, default

1. invoices to credit customers are to be paid within 10 days of the invoice date without deduction. A cash discount deduction requires prior written agreement.

2. In the event of default in payment, we shall charge interest at the rate of 8% points above the base interest rate from the due date as well as all legal and collection fees incurred. In the event of non-compliance with the terms of payment or in the event of circumstances which become known to us after conclusion of the contract and which call into question the creditworthiness of the customer from a banking point of view, such as an application for the opening of insolvency proceedings or a cessation of payments or circumstances which substantially reduce the creditworthiness of the customer and which jeopardise the claim to our owed consideration, all claims - irrespective of the term of any bills of exchange accepted - shall become due immediately after reminder. In this case, we shall be entitled to execute outstanding deliveries and services only against advance payment or provision of security or to withdraw from the contract and/or demand damages after expiry of a reasonable grace period. The proof of the circumstances decisive for the creditworthiness shall be deemed to have been furnished by the information provided by a reputable credit agency or bank.  

3. We shall be entitled to assign the claims arising from our terms and conditions of business, in particular our claims arising from deliveries and services. 

§ 10 Liability

1. We shall not be obliged to check the materials etc. made available to us for defects or other impairments, unless they are obvious defects to us. If we produce a new item from the materials made available to us by processing, reshaping, etc., we shall only be liable for the damage which has arisen directly as a result of the processing and reshaping, but not for damage which is attributable to a material which has already been delivered to us in a defective manner, or for defects the cause of which is already inherent in the material made available to us. 

2. In the event of failure of the subsequent improvement or subsequent performance, the customer shall be entitled, at his discretion, to reduce the price with regard to the defective goods or to withdraw from the contract. 

3. Our warranty obligation presupposes that the customer has notified us in writing of recognisable defects immediately after receipt of the goods and that the goods have been inspected with the care of a prudent businessman after arrival at their destination. Defects occurring later must also be reported in writing without delay. 

4. Further claims, in particular liability for consequential damages of any kind, in particular for claims for damages, regardless of the legal basis, do not exist and cannot be asserted by the customer, unless a written guarantee of quality or durability was given or the damage was caused by intent or gross negligence. Any claims for damages based on slight or medium negligence are excluded. Otherwise, liability claims shall be excluded if, as a result of further dispatch or processing of the goods delivered by us or other circumstances on our part, it is no longer possible to check faultlessly or determine whether a defect in the goods actually exists. 

5. Further claims are - as far as legally permissible - excluded, this applies in particular to contractual and non-contractual claims for compensation for damages which have not occurred to the goods themselves. In the event of rectification, we may demand that the goods be sent to us or the manufacturer's works or kept ready for the purpose of rectification, at our option, with prepaid freight. Unless otherwise agreed, rust film does not constitute a defect, even in the case of I a goods.

6. Any claims based on paragraphs 2 to 6 shall become statute-barred within the period of § 10 paragraph 7. 

7. The warranty period for new items or manufactured works shall be limited to 1 year from transfer of risk. This does not apply to the purchase of consumer goods.  

8. due to the possible catalyst poisons with the biogas the pollutant reduction can be guaranteed only in the new condition. The guarantee expires if the catalyst has been exposed to a temperature of more than 700°C, if silicone is present in the exhaust gas and if sulphur, phosphorus, iron, calcium, potassium, sodium, manganese, arsenic or other catalyst poisons have occupied more than 2 % by weight of the surface. Please ensure that the exhaust gas flows evenly onto the catalytic converter. 

9. the customer assures that any documents, plans, construction drawings, etc. made available by him are his property and that the execution of the work does not infringe any patent, trademark or other property rights of third parties. If claims are nevertheless asserted against us by third parties due to infringement of rights, the customer shall already now indemnify us against all claims of the third party.

§ 11 Data protection

We are entitled to collect, store, process and pass on personal data of the user to our shipping service providers as well as to the measuring institutes commissioned by us within the scope of the organisation of exhaust gas measurements in compliance with the applicable data protection regulations.

§ 12 Final provisions

1. Set-offs are excluded, unless the counterclaim is undisputed, legally established or acknowledged by us; the same applies to the exercise of a right of retention. The customer is only entitled to assign claims against us to third parties with our written consent. 

2. Amendments and supplements to these General Terms and Conditions must be made in writing in order to be effective. 

3. insofar as the parties have assigned claims and rights to each other in this contract, each party accepts the respective assignment of the other. 

4. In addition to the general terms and conditions, the provisions of the respective operating instructions, safety data sheets and instructions for compliance with the warranty in the most current form shall apply.

5. If a provision of these GTC and the other agreements made is or becomes invalid, the validity of the rest of the contract shall not be affected thereby. The contracting parties are obliged to replace the ineffective provision with a provision that comes as close as possible to the economic success of the ineffective provision. 

6. The law of the Federal Republic of Germany shall apply exclusively. Place of performance for all obligations, including a claim from withdrawal, is Oldenburg. If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes - also for proceedings concerning documents, bills of exchange and cheques - shall be the competent court for Oldenburg. The agreement on jurisdiction shall also apply in the event that the customer has no general place of jurisdiction in Germany, relocates his domicile or usual place of residence outside the scope of application of the German Code of Civil Procedure after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed. 

Status: June 30, 2016


Emission Partner GmbH & Co. KG 
Karl-Wiechert-Allee 66
30625 Hannover, Germany

Mo-Th:  8-12 and 13-16 PM
Fr: 8-12 and 13-15 PM


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Emission Partner GmbH & Co. KG
Industriestraße 5
26683 Saterland-Ramsloh, Germany

Mo-Th:  8-12 and 13-16 PM
Fr: 8-12 an 13-15:30 PM